Texas Attorney General Opinion: V-391 Page: 2 of 4
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Ron. D. Richard Voges - Page 2
voted and issued road bonds pursuant to
Section 52 of Article 3, of the Constitu-
tion, by entering an order declaring such
road district established and defining the
boundaries thereof. . . ."
Article 752cc, V.C.S., reads, in part, as fol-
lows:
but except as herein specifi-
cally permitted, no fractional part of a
previously created road district shall be
included within the limits of the road dis-
trict created under the provision of this
Act, . . .n
Article 767d of the Revised Civil Statutes is
as follows:
"Where any road district created under
the provisions of this Act includes within
its limits any previously created road dis-
trict, or any political subdivision or pre-
cinct, having at such time road bond debts
outstanding, such included district or sub-
division shall be fully and fairly compen-
sated by the new district in an amount equal
to the amount of the bonds outstanding against
such included subdivisions or district, and
which shall be done in the form and manner
prescribed for the issuance of county bonds
under Sections 25 to 27, inclusive, of this
Act, except the petition shall be signed by
fifty or a majority of the resident property
taxpaying voters of the new district, and the
bonds proposed to be issued shall be for the
purchase or construction of roads in the in-
cluded subdivisions or districts and the
further construction, maintenance and oper-
ation of macadamized, graveled or paved roads
and turnpikes, or in aid thereof."
It will be noted that the above mentioned Art-
icle contemplates that such previously created road dis-
tricts shall be fully compensated by the new district in
an amount equal to the amount of bonds outstanding against
such included districts.(v-391)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-391, text, September 27, 1947; (https://texashistory.unt.edu/ark:/67531/metapth265210/m1/2/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.